S 154 Session 112 (1997-1998)
S 0154 Joint Resolution, By M.T. Rose
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY
AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS
ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED
SOLELY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED
TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE,
UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.
01/14/97 Senate Introduced and read first time SJ-140
01/14/97 Senate Referred to Committee on Finance SJ-140
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO FINANCE AND TAXATION, BY AMENDING
SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY,
OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR
LEVIED BY THE GENERAL ASSEMBLY MUST BE USED
SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF
THE TAX OR CHARGE WERE STATED TO BE APPLIED AT
THE TIME THE LEGISLATION WAS PASSED AND FOR NO
OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES
OF THE GENERAL ASSEMBLY STATE OTHERWISE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 5, Article X of the
Constitution of this State be amended to read:
"Section 5. No tax, subsidy, or charge shall be
established, fixed, laid, or levied, under any pretext
whatsoever, without the consent of the people or their representatives
lawfully assembled. Any tax which shall be levied shall distinctly
state the public purpose to which the proceeds of the tax shall be
applied. When the statute levying the tax dedicates the proceeds
to a specific purpose or use in furtherance of the stated public
purpose or use, then such proceeds are prohibited from being
appropriated and expended for any purpose or use other than that
which is specifically set forth in the statute levying the tax unless the
bill appropriating the proceeds for a different purpose or use is
approved by a two-thirds vote of the membership of each house on
one of the readings of the bill. Any person who has been a resident
of the State for a minimum of six months and who can establish the
payment of any tax levied by the State of South Carolina, shall have
standing to bring an action in a court of competent jurisdiction for the
enforcement of the provisions of this section. If any provision of this
section or its application to any person is held invalid, unenforceable,
or unconstitutional, this invalidity, unenforceability, or
unconstitutionality negates the other provisions or applications of this
section, and to this end, the provisions of this section are not
severable."
SECTION 2. The proposed amendment must be submitted to the
qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot:
"Must Section 5, Article X of the Constitution of this State be
amended to provide that no tax, subsidy, or charge may be
established, fixed, laid, or levied, under any pretext whatsoever,
without the consent of the people or their representatives lawfully
assembled and to provide that when proceeds of the tax are applied
to a specific purpose or use that the General Assembly is prohibited
from using the proceeds for a different purpose or use unless
approved by a two-thirds vote of the members of both houses and to
grant any taxpayer who has been a resident for at least six months
standing to bring a suit to enforce this provision?
[] Yes
[] No
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square before the word `Yes', and those
voting against the question shall deposit a ballot with a check or cross
mark in the square before the word `No'."
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